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HomeMy Public PortalAbout19790725 - Minutes - Board of Directors (BOD) Meeting 79-20 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Regular Meeting Board of Directors M I N U T E S July 25, 1979 375 Distel Circle, D-1 Los Altos, CA ROLL CALL The meeting was called to order by President Shelley at 7 :46 P.M. Members Present: Edward Shelley, Daniel Wendin, Harry Turner, Katherine Duffy and Barbara Green. Members Absent: Nonette Hanko and Richard Bishop. Personnel Present: Herbert Grench, Jon Olson, Craig Britton, Charlotte MacDonald, Jean Fiddes and Jennie George. II. APPROVAL OF MINUTES A. Minutes of June 13, 1979 B. Green requested the following corrections: Page 9, under CLAIMS, remove the word "legal" and insert the word "consultant" . Page 2 , item VII, paragraph two, correction of spelling of "Eminent Domain" . D. Wendin requested the following corrections : Page 2 , item VI, the word "vote" should be "Vato" . Page 9 , item VIII , No. 1, the word "regarding" should be inserted after the word "meeting" . Mark Schneider, 12100 Skyline Boulevard, Los Gatos requested a clarification on page 6, in the discussion portion of the first motion. He suggested it should read "discussed re- location indemnification aspects of the Restriction Agree- ment attached to the report. " H. Turner confirmed that M. Schneider' s requested changes would be reflected in the July 25 , 1979 minutes. Meeting 79-2u Page two E. Shelley stated Board consensus that the minutes of June 13, 1979 be approved as corrected. III. WRITTEN COMMUNICATIONS E. Shelley informed the Board and staff that they would soon be receiving a letter from Julia Malek of the Pen- insula Canine Corps , requesting use of District property for a rescue meet on September 8 involving approximately ten dogs. He obtained concurrence of the Board that the letter be referred directly to the Dog Committee for review and that the Committee should report back to the Board before any action is taken. IV. ADOPTION OF AGENDA H. Grench requested a SPECIAL ORDERS OF THE DAY item be added to the agenda for an introduction. D. Wendin requested an item No. 5 , Scheduling of Regular Board Meetings in August. E. Shelley stated Board consensus that the above items be added to the agenda. V. ORAL COMMUNICATIONS Robert Mark, 725 Cowper, Palo Alto reported that action on AB 1930 Naylor has been delayed and another similar bill, SB 1234 , which is worse has appeared. He said he hoped the District's Legislative Committee would review it and take action. He distributed copies of the bill. VI. SPECIAL ORDERS OF THE DAY J. Olson introduced Jean Fiddes who will be filling the Land Management secretary position for the next five months. VII. OLD BUSINESS WITH ACTION REQUESTED A. Policies for Handling Legislative Matters H. Grench introduced report R-79-30, dated July 3, 1979 stating that this item was being continued from the July 11 meeting and recommended that the Board adopt the proposed policies to establish or affirm procedures for handling legislative matters. He said that the diagrams are meant to indicate the usual patterns that would be followed for referrals and recommendations of legislative information. R. Bishop arrived at 8 :00 P.M. Meeting 79-2U Page three R. Mark referred to No. 5, page two, and urged the Board to consider their role in legislative matters .,somewhat more broadly than was stated in that sentence. H. Grench replied that the proposed policies are a re- flection of the fact that Board and staff have limited resources, time, money and energies available to pursue all legislative issues, and only those legislative matters that have a direct affect on the District's program should receive Board and staff attention. D. Wendin, referring to No. 4 , page two, recommended that the word "very" be struck and "or powers" be added to the end of the sentence. Purusha Obluda, 31570 Page Mill Road, Palo Alto, referring to SB 1243, asked why a governmental body should be exempt from responsibility for damages to another individual when an individual citizen can be held responsible. E. Shelley responded that the question is not relevant to the discus- sion, since the Board is not considering the SB 1234 matter at the present time. P. Obluda replied that it will be relevant when the District' s legislative committee con- siders it. H. Turner, referring to No. 4 , page two, recommended that the modifiers be reversed to read "probably would" . D. Wendin, referring to No. 4 , page two, recommended the words "or material" be inserted after the word "direct" . Motion: D. Wendin moved acceptance of the recommended policies with the changes requested in No. 4 , page two. R. Bishop seconded the motion. The motion passed unanimously. Motion: E. Shelley moved that SB 1234 be referred to the Legislative Committee. B. Green seconded the motion. The motion passed unanimously. VIII. NEW BUSINESS WITH ACTION REQUESTED A. Review of Use and Management of Planning Area V (Saratoga. Gap, Monte Bello and Long Ridge Open Space Preserves) J. Olson introduced report (R-79-31) , dated July 19, 1979 regarding the Review of Use and Management of Planning Area V (Saratoga Gap, Monte Bello and Long Ridge Open Space Preserves) . He said he would review the status of each site' s most recent use and management recommendations and then give a current status and recommendation. Meeting 79-2G Page four J. Olson referred to item No. 1, b) , Long Ridge Open Space Preserve, saying that staff would continue to work to reduce District liability on that site. He said that the California Department of Fish and Game would want any draining of the pond to be done under their super- vision, and should there be a future recommendation to remove the dam, a CEQA report would need to be filed. M. Schneider asked the following questions : 1. Who were the people in the boat on the pond at at Long Ridge July 25 and why were two District ranger vehicles present? E. Mart responded that Fish and Game were conducting a census of wildlife living in the pond and had requested that two of the District rangers be present. 2. on page two, first paragraph, why had the language been used regarding "those who have been swim- ming in the area have threatened to vandalize any equipment used to lower the water level?" He added that when you accuse someone of some- thing you say who they are and what you are accusing them of. He asked for clarification. He said he felt the statement creates a bad situation and promotes a confrontation. 3. On page two, No. 2, what is the District' s phil- osophy regarding the possibility of the pond being used as an authorized swimming area? He said that people have been swimming there for the past 20 years and stopping them now would lead to another confrontation. He recommended that the District not pursue that plan, but rather try to transfer the management and lia- bility. J. Olson advised that the District' s Basic Policy states that most of the District' s money be spent for land acquisition and not on development and patrolling and that swimming areas were a substantial liability problem. R. Bishop responded to M. Schneider' s second question by saying that the reason the statement is in the report is to warn the Board of the possibilities of what might hap- pen in that area. D. Wendin inquired of the possibility of transferring the liability of the pond to Pacific School under a lease. C. Britton responded that the District would probably not get rid of all of its liability under such an arrangement. D. Wendin reaffirmed that the District' s primary purpose is to save open space and as a public agency has greater liability problems than a private party. Meeting 79-2u Page five K. Duffy requested an assessment of the dimensions of the liability should the matter of the use of the pond be returned to the Board for consideration. J. Olson reviewed the new recommendations for Saratoga Gap and Monte Bello/Picchetti Ranch Area Open -Space Preserves. C. Britton recommended that items f) and g) on page four be referred to the Picchetti Winery Committee. In response to K. Duffy' s concerns that the Board was adopting policies regarding deferral of use of the Picchetti buildings, H. Grench clarified that the Board was adopting the recom- mendations in the report not the earlier text. He suggested the addition of the words "and on the questions of deferring action on this matter. " be added to the end of the sentence in a) under New Use and Management Recommendations for Picchetti Ranch for 1979/80. D. Wendin recommended referring statement c) regarding es- tablishing a staff and Board site committee to explore potential uses of the buildings, to the Picchetti Winery Committee for consideration at their meeting set for the same night after the Regular Meeting. J. Olson reviewed Monte Bello Open Space Preserve/McCone use and management recommendations. Motion: D. Wendin moved that the Board adopt the use and management recommendations contained in report R-79-31 with the changes recommended in item a) , page four, under New Use and Mana ement Recommendations for Picchetti-Ranch for 1979/80 and the referral of items f) and g) , page four, to the Picchetti Winery Committee for prompt review. K. Duffy seconded the motion. The motion passed unanimously. B. Revision of Authorized Signatories for District Accounts. and Safe Deposit Box H. Grench introduced memorandum (M-79-111) , dated July 17 , 1979 regarding Revision of Authorized Signatories for District Accounts and Safe Deposit Box and recommended that the Board adopt the attached resolutions. Motion: H. Turner moved adoption of Resolution 79-33, a Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Establishing Financial Instrument Signatories of the District for Santa Clara County Accounts. D. Wendin seconded the motion. The motion passed unanimously. Meeting 79-2u Page six Motion: H. Turner moved adoption of Resolution 79-34, a Resolution Authorizing Signing and Endorsing Checks and Other Instruments (Wells Fargo Bank) . D. Wendin seconded the motion. The motion passed unanimously. Motion: H. Turner moved adoption of Resolution 79-35 , a Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Approving Certificate of Authority of Officers (United California Bank) . D. Wendin seconded the motion. The motion passed unanimously. Motion: H. Turner moved adoption of Resolution 79-36 , a Resolution Establishing New Specimen Signatures for Signing and Endorsing Checks and Other Instruments (Union Bank) . D. Wendin seconded the motion. The motion passed unanimously. Motion: H. Turner moved adoption of Resolution 79-37, a Resolution Establishing Signatures for Entering Safe Deposit Box (Wells Fargo Bank) . D. Wendin seconded the motion. The motion passed unanimously. C. Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Appointing Peace Officers E. Mart introduced memorandum (M-79-112) , dated July 20, 1979 regarding Appointment of Peace Officers for District rangers Katherine Boxer and Dennis Danielson. He noted a correction of the Section number of the Penal Code changing the " (m) " to if (1) . Motion: D. Wendin moved adoption of Resolution 79-38 as corrected, a Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Appointing Peace Officer for Katherine Boxer and Dennis Danielson. B. Green seconded the motion. The motion passed unanimously. D. Scheduling of Regular Board Meetings in August E. Shelley recommended maintaining the August 8, and 22 meetings as scheduled subject to cancellation if there is no business requiring Board action. The Board agreed by consensus. IX. INFORMATIONAL REPORTS 1. H. Grench reported on the status of AB 8. He said that the District' s Legislative Consultant is trying to obtain the figures with regard to how much revenue the District will receive in 79-80. He said it would probably be at least 4% more than last year. Meeting 79-2%. Page seven 2. J. Olson reported that the City of Mountain View has made the Resident Naturalist of Deer Hollow Farm a permanent city staff position, and the farm hand position will be considered as a possible permanent position in October. 3. J. Olson reported that Santa Clara County Parks De- partment recently reviewed the preliminary master plan for Rancho San Antonio Park. The plan returns to staff for final preparation before presentation to the Board of Supervisors and should be adopted by September or October. 4. J. Olson announced that there would be a tour, by in- vitation only, of the Fremont Older Ranch House on August 9. 5. R. Bishop reported that the engineer is working in the Hassler assessment district plan. D. Wendin asked what steps remain after the engineer' s report is filed. R. Bishop replied that the City Council sets the matter for a public hearing and must give 30 days public notice to all property owners of the proposed assessment so that everyone knows what their assessment will be. The purpose of the public hearing is to hear any protests against the assessment district. This is a key hearing, and the City Council listens to the protests and decides whether to overrule the protests or to even change the assessment district boundaries based on what they hear at that meeting. The City Council has total authority to accept, deny or modify. X. CLAIMS Motion: B. Green moved adoption of the Revised Claims (C-79-16) dated July 25 , 1979. D. Wendin seconded the motion. The motion passed unanimously. XI . EXECUTIVE SESSION The Board recessed to Executive Session at 9 :15 P.M. XII . ADJOURNMENT The Board reconvened at adjourn at 11:30 P.M. XIII . PICCHETTI WINERY COMMITTEE The Picchetti Winery Committee met. Jennie George Deputy District Clerk CORRECTIONS TO MINUTES OF =�20 B. Minutes of July 25, 1979 B. Green stated Board consensus that the minutes of July 25, 1979 be approved as presented. i I i CORRECTIONS MINUTES OF I i I f u i